>> THIS IS A CBS SPECIAL REPORT IN WASHINGTON WE ARE COMING ON THE AIR WITH SOME >> THIS IS A CBS NEWS SPECIAL REPORT, IN WASHINGTON WE ARE COMING ON THE AIR WITH SOME BREAKING NEWS. THE FEDERAL INDICTMENT AGAINST DONALD TRUMP WAS JUST UNSEALED. WE HAVE IT RIGHT HERE. NOW, FOR THE FIRST TIME WE ARE LEARNING THE DETAILS OF THE CHARGES THAT WERE BROUGHT AGAINST THE FORMER PRESIDENT, ALL RELATED TO HIS HANDLING OF CLASSIFIED DOCUMENTS AFTER LEAVING OFFICE. WE HAVE LEARNED SOMETHING NEW. THERE ARE ACTUALLY 38 COUNTS AGAINST THE PRESIDENT, INCLUDING THE UNLAWFUL RETENTION OF DEFENSE INFORMATION WHICH IS AN ESPIONAGE ACT CHARGE. THERE ARE ALSO CHARGES OF OBSTRUCTION AND CONSPIRACY. THIS IS THE FIRST TIME IN AMERICAN HISTORY THAT A FORMER PRESIDENT HAS BEEN CRIMINALLY INDICTED BY THE DEPARTMENT OF JUSTICE, THE FORMER PRESIDENT POSTED A VIDEO LAST NIGHT PROCLAIMING HIS INNOCENCE, THERE ARE SOME BIG CHANGES TO HIS LEGAL TEAM. I WANT TO BRING IN OUR CHIEF ELECTION CAMPAIGN CORRESPONDENT, ROBERT COSTA. AS WE ARE JUST LOOKING THROUGH THIS INDICTMENT, ONE OF THE THINGS THAT JUMPED OUT TO ME, SOME OF THESE CLASSIFIED DOCUMENTS THAT TRUMP TOOK WITH HIM TO MAR-A-LAGO, IN THE WORDS OF THIS INDICTMENT, COULD PUT AT RISK OF THE NATIONAL SECURITY OF THE UNITED STATES, FOREIGN RELATIONS, AND THE SAFETY OF THE UNITED STATES MILITARY. >> WE HAVE BEEN CAREFULLY READING THIS DOCUMENT SINCE IT WAS UNSEALED MOMENTS AGO. IT IS EVIDENT JUST A FEW PAGES IN, THIS IS THE OPPOSITE OF HUSH MONEY PAYMENTS, THIS IS A DEEPLY SERIOUS LEGAL DOCUMENT, PUTTING A FORMER PRESIDENT AT THE UNITED STATES AT THE CENTER OF WHAT THEY ARE ALLEGING IS A CRIMINAL CONSPIRACY TO SECRETLY TAKE CLASSIFIED MATERIAL OUT OF THE OVAL OFFICE, BRING IT DOWN TO MAR-A-LAGO, AND NOT JUST PUT IT IN A BASEMENT, BUT PAGE AFTER PAGE HE'S GOING AND SENT I WANT TO HAVE THE BOXES TO BE REVIEWED PERSONALLY BY ME. HE IS AT THE CENTER, DIRECTING PEOPLE IN A COORDINATED CAMPAIGN TO BE EVASIVE IN TERMS OF WHAT HE HAD ON HAND ABOUT HIGHLY SENSITIVE MILITARY AND NATIONAL SECURITY MATTERS FROM HIS PRESIDENCY. >> I WANT TO SHOW PEOPLE, THIS IS THE FIRST PAGE. THIS IS HIS PERSONAL AIDE, HIS BODY MAN. TELL US WHAT HE'S INCLUDED. >> IS INCLUDED BECAUSE HE IS ALLEGED TO HAVE MADE FALSE STATEMENTS TO FEDERAL INVESTIGATORS ABOUT HIS ROLE IN ABOUT WHAT TRUMP DID. THERE IS A REAL CONCERN, AS YOU CAN SEE, FROM THE SPECIAL COUNSEL THAT TRUMP WAS NOT ONLY EVADING THE ANSWERS FROM THE INVESTIGATORS, BUT, THIS PERSON WHO SERVED IN THE U.S. MILITARY WAS AT TRUMP'S SIDE WAS AFFECT ABLY, IN THE VIEW OF THE SPECIAL COUNSEL, HIS ACCOMPLICE IN THIS WIDESPREAD SCHEME. THIS WAS NOT SOMETHING THAT HAPPENED OVERNIGHT. MUNSON MONTHS OF THEM HOLDING BACK THE DOCUMENTS. THIS INDICTMENT ALSO SHOWS THAT TRUMP REPEATEDLY TALK ABOUT SENSITIVE MATERIALS, DOCUMENTS THAT COULD HAVE SOURCES AND METHODS ON THEM THAT REVEAL HOW U.S. INTELLIGENCE IS GATHERED. THIS IS SOMETHING THAT IS UNPRECEDENTED IN AMERICAN HISTORY. TO HAVE AN AMERICAN PRESIDENT ACCUSED OF EFFECTIVELY GOING AGAINST HIS OWN COUNTRY BY COMPROMISING DOCUMENTS OF THIS NATURE. THIS COMES DIRECTLY FR EVIDENCE THAT TRUMP NEVER THOUGHT THAT IT WOULD GET OUT. >> TO SUMMARIZE, THE FORMER PRESIDENT DONALD TRUMP WAS SAYING LET'S JUST LIE AND SAY WE DO NOT HAVE THE DOCUMENTS. >> HE SAYING WHAT CAN WE DO TO <font color="#0000FF"><u>VADE A SUBPOENA. </u></font> >> WHY IS IT THAT THE ATTORNEY WAS FORCED TO COMPLY POINT >> THIS IS CALLED A CRIME FRAUD EXCEPTION. THEY BELIEVE THAT CRIMINAL INTENT MIGHT HAVE TAKEN PLACE. AS HAS BEEN REPORTED. THIS ASPECT OF THE CASE COULD BE SOMETHING THAT IS CRUCIAL IN THE COMING WEEKS AS THE TRUMP TEAM, AS WE HAVE BEEN TOLD PRIVATELY IN FROM DIFFERENT SOURCES, TRIES TO CHALLENGE AND DISMISS THE INDICTMENT. THEY WILL SAY THAT MAYBE THE FEDERAL JUDGE OVERSTRETCHED, TRIED TOO HARD TO GET ALL OF THIS MATERIAL. AT THE END OF THE DAY BECAUSE OF THE SENSITIVITY OF THESE DOCUMENTS, WE ARE TOLD THEY ARE GOING TO ARGUE THAT IT WAS A NECESSITY TO BREAK CORN-- BREAK CLIENT ATTORNEY PRIVILEGE. >> YOU HAVE BEEN WALLOWING THIS INVESTIGATION FROM THE BEGINNING THAT IS DETAILED HERE. THERE IS ALSO AUDIO RECORDINGS OF SOME OF THESE CONVERSATIONS THAT THE PRESIDENT HAD. WHAT WE KNOW ABOUT THAT? THE MAC HERE WE HAVE BEEN ABLE TO CONFIRM THROUGH A SOURCE WITH DIRECT KNOWLEDGE OF THE TRANSCRIPT THAT THERE WAS AN AUDIO RECORDING AT HIS CLUB IN ADMINISTER NEW JERSEY, IT WAS THE FORMER PRESIDENT AND THEN SOME COLLEAGUES. IT WAS ABOUT AN AUTOBIOGRAPHY. IN THE COURSE OF THE CONVERSATION YOU HEAR RUSTLING OF PAPERS ON THE TAPE AND HE SAYS OH, IF THIS RECORD, THIS COULD EXONERATE ME. WE HAVE BEEN ABLE TO CONFIRM. I WAS TOLD THAT IT WAS CENTRAL TO THIS INDICTMENT. HE SAYS, AS PRESIDENT I COULD HAVE DECLASSIFIED IT. NOW I CAN, YOU KNOW, BUT THIS IS STILL A SECRET. THIS WAS A PENTAGON MEMO THAT WAS ABOUT ATTACK PLANS FOR IRAN. HE DESCRIBES IT AS VERY CONFIDENTIAL, SECRET, BUT THE REASON THAT THIS MATTERS FROM THE SPECIAL COUNSEL'S POINT OF VIEW. úIT IS AN ADMISSION, AND ACKNOWLEDGMENT THAT HE HAD THE POWER TO DECLASSIFY BUT IN THIS CASE HE UNDERSTANDS, ALMOST A CONSCIOUSNESS OF GUILT THAT THIS IS A RECORD THAT CANNOT BE SHARED. >> WITH THE DRIVE DOWN ON THIS, THERE IS THAT AUDIOTAPE. THIS INVOLVED A MOMENT IN TIME WHEN DONALD TRUMP WAS AGITATED, ANGRY AT CHAIRMAN OF THE JOINT CHIEFS OF STAFF BECAUSE MILLIE HAD SUGGESTED THAT THE PRESIDENT, DONALD TRUMP, HAD WANTED TO ATTACK IRAN. DONALD TRUMP WAS TELLING THESE INDIVIDUALS WHO WERE THERE, WHO WERE HELPING TO WRITE A BOOK OF MARK MEADOWS. NO, IT WAS NOT ME. IT WAS HIM. HERE ARE THE PLANS RIGHT HERE. >> YOU NAIL IT. >> BASED ON THE REPORTING WE ARE LEANING TODAY, A LOT ABOUT THE MOTIVATION, THE WHY. IF YOU ARE JUST TUNING IN, IT SEEMS LIKE, WE HAD RECORD THAT HIS HOUSE. WERE THEY CLASSIFIED. THE QUESTION, OKAY, WHY DID THIS HAPPEN. WHAT WAS THE MOTIVATION FOR TRUMP TO HAVE THESE DOCUMENTS? TWO THINGS WE HAVE LEARNED, NUMBER ONE HE WAS ANGRY ABOUT THE RUSSIA INVESTIGATION SO HE WANTED TO TAKE SOME DOCUMENTS IN JANUARY OF 2020 WENT BACK HOME TO MAR-A-LAGO. IN THE SUMMER OF 2020 WHEN HE STARTS DOING SOME POSTPRESIDENTIAL INTERVIEWS. AT THE SAME TIME THE CHAIRMAN OF THE JOINT CHIEF OF STAFF, MARK MILLIE IS IN THE PUBLIC PROFILE A LOT. HE'S BEING PORTRAYED AS SOMEONE HEROIC. TRUMP IS TAKING THESE INTERVIEWS WITH REPORTERS, TALKING TO BOOK AUTHORS. HE DID NOT TALK TO OUR BOOK BUT HE TALKED TO A LOT OF OTHER PEOPLE. IN SOME OF THESE INTERVIEWS HE STARTS TO BRING OUT DOCUMENTS AND SAY HE WAS WRONG ON THIS, HE WAS WRONG ON THAT, I KNOW BECAUSE SOME OF THIS STUFF I HAVE IS CLASSIFIED AND I HAVE IT RIGHT IN FRONT OF YOU. EIGHT ON OUR CONVERSATIONS WITH SOURCES CLOSE TO TRUMP, THEY WERE LOOKING AT THE RECORDERS ON THE TABLE GOING HE IS TALKING ABOUT CLASSIFIED MATERIAL, IT IS NOW ON TAPE. NOW TRUMP AIDS CALLED BEFORE THE SPECIAL COUNSELOR AND THEY WERE FORCED TO TURN OVER THOSE DOCUMENT-- THOSE AUDIOPHILES. >> I WANT TO MAKE ONE POINT. IF YOU LOOK AT THIS THROUGH A BROADER PRISM, THERE WERE EQUITIES THAT ORIGINATED THIS <font color="#FF0000"><u>NFORMATION OR WERE IMPACTED BY </u></font> THIS CLASSIFIED INFORMATION. IT LISTS SEVEN AGENCIES IN THE U.S. INTELLIGENCE COMMUNITY HAD INFORMATION AND INTELLIGENCE THAT WAS IMPACTED BY WHAT WAS RETAINED ACCORDING TO THE SPECIAL COUNSEL AT MAR-A-LAGO. THEY INCLUDE THE CENTRAL INTELLIGENCE AGENCY, THAT IS HUMANS BUYING, THE DEPARTMENT OF DEFENSE. THE NATIONAL SECURITY AGENCY. ELECTRONIC INTELLIGENCE. >> I'M GETTING THE CHILLS. >> THE MAPPING AGENCY, THE NATIONAL RECONNAISSANCE OFFICE. THE SUPERSECRET SPY SATELLITE THAT WE RELY ON. THE DEPARTMENT OF ENERGY AND THE DEPARTMENT OF STATE, THEIR OWN RESEARCH. >> IS IT FAIR TO SAY THAT THESE ARE SOME OF AMERICA'S MOST IMPORTANT SECRETS. >> IT IS HALF OF THE INTELLIGENCE AGENCY THAT WAS IMPACTED. >> TO BUILD ON THIS, PAGE AFTER PAGE IN THIS INDICTMENT SHOWS FOREIGN COUNTRIES, ALLIES AND PERHAPS ADVERSARIES, THEIR CAPABILITIES, MILITARILY, POSSIBLY COMPROMISED BY DONALD TRUMP HAVING THESE DOCUMENTS IN HIS HOME. YOU HAVE EVERYTHING, TOP SECRET, TOP SECRET, SPECIAL HANDLING. FOREIGN INTELLIGENCE, ALLIES CAPABILITIES, MILITARY, OR IN <font color="#FF0000"><u>NTELLIGENCE, TOP-SECRET. </u></font> ANNOTATIONS POINT >> SOME OF THEM ARE SPECIALLY COMPARTMENTED. THESE ARE ON A NEED TO KNOW ASIS. >> I WANT TO BRING THE SCOTT MacFARLANE. OF THESE DOCUMENTS, ACCORDING TO THE DOCUMENT IT ALLEGES THAT SOMETIMES THEY WERE KEPT IN A BALLROOM. THIS IS A SOCIAL CLUB. THERE ARE PEOPLE IN AND OUT OF THERE. THEY SAY ALSO, NOT ONLY IN THE BALLROOM, A BATHROOM, SHOWER, OFFICE SPACES. >> DISCONNECTS THE MOVEMENT AND THE ORGANIZATION OF THESE RECORDS TO TRUMP HIMSELF. HE SAYS THAT HE WAS PERSONALLY INVOLVED WITH PACKING THE BOXES. HE DIRECTED THAT A STORAGE ROOM BE CLEARED TO MOVE THE BOXES IN. HE MADE THE DEFENSE EARLIER THAT IT WAS THE U.S. GENERAL SERVICES THAT WAS PACKING UP ALL OF THESE BOXES, I HAD NOTHING TO DO WITH IT. THESE DOCUMENTS MADE IT CLEAR THAT HE HAD SOMETHING TO DO WITH IT. TO EMPHASIZE CATHERINE'S POINT, HE IS SHARING ACCORDING TO THE PROSECUTION IS COMPARTMENTALIZED, SECURE DOCUMENTS WITH PEOPLE WHO DO NOT HAVE SECURITY CLEARANCES AND THEY ARE NOT INSIDE ONE OF THOSE SECURED COMPARTMENTALIZED INFORMATION FACILITIES, IT IS HAPPENING RIGHT NOW IN OPEN SPACE. >> DO YOU REMEMBER WHEN THE RATE HAPPENED AT MAR-A-LAGO AND THERE WAS THE SPREADING OF ALL OF THOSE DOCUMENTS. ON PAGE 14 THERE IS AN IMAGE OF ALL OF THE DOCUMENTS THAT WERE SPILLED ONTO THE FLOOR AT >> THIS IS INTELLIGENCE THAT IS SHARED WITH THE UNITED STATES BY OUR CLOSEST ALLIES. THE REASON THIS MATTERS, IS THAT IT'S PROBABLY NOT OUR INFORMATION. IT'S NOT JUST A COMPROMISE FOR INTELLIGENCE THAT HAS BEEN OWNED AND GENERATED BY US, BUT IS FROM OUR ALLIES. IT IS THE BREAKING, THE WEAKENING OF THE RELAIONSHIPS. >> AGAIN, NOT JUST THE TAKING OF THESE DOCUMENTS, THE SHARING OF THEM, BUT THEN THE QUESTION ABOUT OBSTRUCTION. AND NOT RETURNING THEM IN OBSTRUCTING THIS INVESTIGATION. I WANT TO BRING IN CBS NEWS LEGAL ANALYST, RICKY CLAIMANT. HE'S BEEN POURING THROUGH THIS AS WELL. RICKY, WHAT STANDS OUT TO YOU? >> Reporter: -- THE TREATY HAS TO DO WITH THE -- BECAUSE -- ONE OF THE THINGS THAT WE LEARNED, ON PAGE 40, AT PEL 37, HAS TO DO WITH THE FACT THAT IT LOOKS LIKE DONALD TRUMP CAUSED HIS OWN LAWYERS TO FILE FALSE DECLARATIONS ABOUT WHICH DOCUMENTS WERE GIVEN AND WHICH DOCUMENTS WERE NO LONGER REMAINING IN THE HOME AT MAR-A- LAGO OR ANYWHERE ELSE. SO, WHEN YOU GET THAT, ALTHOUGH THAT IS A MOUNIR COUNT, IN TERMS OF IMPRISONMENT, WHAT HE HAS DONE, BECAUSE THESE LAWYERS BY VIRTUE OF WHAT WE CALL CRIME FRAUD EXCEPTION, THAT IF YOU AS A LAWYER HAVE A CONVERSATION, WITH YOUR CLIENT, THAT THEN THOSE GO INTO THE CRIMINAL ARENA, IT BREAKS THE ATTORNEY CLIENT PRIVILEGE. THOSE LAWYERS WOULD HAVE TO BE GREAT. >> RICKY COMMENTS TO HEAR YOU BECAUSE THE WI-FI IS BREAKING UP. LET'S BRING IN ROB COST ON THAT POINT. >> WAS THE REFRAIN ABOUT WATERGATE THAT WE'VE ALWAYS HEARD. IT'S NOT JUST THE CRIME, IT'S THE COVER UP. SO MUCH OF THIS INDICTMENT IS THE STEPS TRUMP TOOK IN THE WORDS OF THE SPECIAL COUNSEL TO CORRUPTLY SCHEME, TO LIVE ABOUT THE DOCUMENTS THAT HE HAD IN HAND. AND TO UNDERSCORE THE SERIOUSNESS OF WHAT THE FORMER PRESIDENT OF THE UNITED STATES IS FACING. YOU ONLY HAVE TO MOVE TO THE BACK OF THE INDICTMENT, THE TALKED ABOUT THE MAXIMUM TERM OF IMPRISONMENT FOR ALL OF THESE DIFFERENT COUNTS. FOR WILLFUL DETENTION, 10 YEARS, A DECADE IN PRISON. FOR WITHHOLDING A DOCUMENT, 20 YEARS. CONSPIRACY TO OBSTRUCT JUSTICE, 20 YEARS. THIS TRIAL, IF IT HAPPENS, COULD TAKE PLACE DURING THE HEART OF A PRESIDENTIAL CAMPAIGN, WHICH IS DESIGNED TO DO TO STOP HIM FROM GETTING THE PRESIDENCY. UNDER FEDERAL LAW, YOU CAN SERVE IN THE PRESIDENCY EVEN IF YOU BEEN CONVICTED OF A CRIME. >> HAS LAWYERS HAS A SAID, THAT THEY FELT THAT THEY WERE NOT THAT DAMAGING TO HIM. THAT WAS A DISCUSSION OF THE LEFT AND RIGHT BOUNDARIES OF WHAT WAS REQUIRED UNDER THE SUBPOENA. BUT JUST DRILLING DOWN INTO PAGE 34, WHAT IT STATES VERY SPECIFICALLY, IS THAT DONALD TRUMP SUGGESTED TO ATTORNEY ONE TO FALSELY REPRESENT TO THE FBI AND THE GRAND JURY THAT HE DID NOT HAVE THE DOCUMENTS, AND THAT IT SAYS TO CONCEAL THE RECORDS FROM THE ATTORNEY. THEN, TO SUGGEST THE ATTORNEY HIDE OR DESTROY THE DOCUMENTS WHICH WOULD BE THE DESTRUCTION OF EVIDENCE. AND THEN, ALSO, TO SAY THAT HE WAS FULLY COOPERATIVE, WITH THE GRAND JRY. SO, THE DETAIL HERE, WHICH WE NEVER HEARD BEFORE, CERTAINLY FROM HIS ATTORNEYS -- >> WE WILL HEAR A LOT ABOUT IN THE COMING KNOTS, BECAUSE I CARRY AROUND A REPORTER'S NOTEBOOK. ONE THING WE TAKE UP IN THE COURSE OF REPORTING IS THAT HE LIKES TO WRITE NOTES IN LARGE ART SCHOOL STYLES, AND HE HAS A PILE OF THESE HUGE SKETCHBOOKS THAT ARE BLANK WITHOUT THE LINES IN THEM. HE TAKES METICULOUS NOTES ABOUT WHAT HE HAS SAID. THEN HE GOES AT HOME, AND RECORD VOICE NOTES ON HIS PHONE. YOU HAVE SOMEBODY WAS HIRED BY TRUMP, NOT TO BE A THEATRICAL LAWYER, BUT TO REALLY BE A LAWYER, AND NOW THE SPECIAL COUNSEL HAS EVERYTHING INCLUDING TESTIMONY FROM EVERY PERSON ABOUT WHAT TRUMP WAS SAYING AND DOING WHEN HE WAS ISSUED WITH THE SUBPOENA. >> WE ARE EXPECTED HEAR FROM THE SPECIAL COUNTER, AND WE WILL SHARE THAT WITH YOU. SCOTT, YOU BEEN LOOKING FOR THIS. >> THE CASE AS AN OFFICIAL NUMBER FOR WHAT IT'S WORTH. THIS IS CASE 23 CR CRIMINAL, 8101. IT HAS THREE INITIALS, AMC. THAT ALLUDES TO THE DRUDGE TO WHOM THIS CASE IS ASSIGNED. EILEEN CANNON. THE SAME CHUMP APPOINTED JUDGE WHO OVERSAW THE CHALLENGES OF THE SEARCH WARRANT LAST YEAR. THIS CASE GOES TO HER, SHE HAS THE COURTHOUSE NEAREST MAR-A- LAGO. THERE IS LIKELY I'M TOLD A RANDOM WHEEL ROD, A COMPUTER MECHANIZED JUDGE SELECTION PROCESS, BUT IT IS HEAVY WAITED FOR CASES IN THIS PART OF FLORIDA TOWARDS JUDGE CANNON'S COURTHOUSE AND ULTIMATELY, TO HER. HE APPEARS ON TUESDAY. 3:00 P.M. IN MIAMI. THEY HAVE IT IN MIAMI BECAUSE IT'S LARGER, THERE'S MORE SECURITY, AND HAS A BIGGER FOOTPRINT. IT CAN HANDLE THE PERSONAL APPEARANCE FROM THE FORMER PRESIDENT OF UNITED DATES. HE HAS TO BE THERE FOR THIS. THERE IS LIKELY GOING TO BE AN ARRAIGNMENT IMMEDIATELY AFTER. HE WILL PLEAD GUILTY OR NOT GUILTY, THEY TALK ABOUT RELEASE CONDITIONS, IT COULD TAKE MINUTES AND WE ALWAYS UNDERSCORE THIS: NO CAMERAS IN THE COURTHOUSE. NO BOOKING PHOTOS RELEASED BY THE FEDERALS, AND HE'S BROUGHT IN A PRIVATE ENTRANCE. HE MIGHT BE INVISIBLE ON TUESDAY. >> ALL RIGHT, THANK YOU SO MUCH. RICKY CLAIMANT AS WELL, MR. DONALD TRUMP HAS BEEN CHARGED WITH WILLFUL RETENTION OF CLASSIFIED INFORMATION, WITHHOLDING A RECORD CONSPIRACY, FALSE STATEMENTS, AND OBSTRUCTION ACCORDING TO THE 49 PAGE INDICTMENT THAT WAS JUST UNSEALED. WE ARE TALKING ABOUT SIGNIFICANT PRISON TIME, IF DONALD TRUMP IS CONVICTED. OUR COVERAGE WILL CONTINUE ON CBS NEWS STREAMING, YOUR LOCAL NEWS. WE WILLHAVE A FULL WRAP UP TONIGHT AND ANALYSIS ON THE CBS EVENING NEWS. THIS HAS BEEN A CBS NEWS SPECIAL REPORT.
